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JOINT CIRCULAR No. 09/2002/TTLT-BTCCBCP-BLDTBXH-BTC-BYT OF FEBRUARY 8, 2002 GUIDING THE TRANSFER OF VIETNAM HEALTH INSURANCE TO VIETNAM SOCIAL INSURANCE

Pursuant to Article 2 of the Prime Minister’s Decision No. 20/2002/QD-TTg of January 24, 2002 transferring Vietnam Health Insurance to Vietnam Social Insurance, the ministries of Health; Finance; and Labor, War Invalids and Social Affairs; and the Government’s Commission for Organization and Personnel hereby jointly guide the implementation of the above-said Decision as follows:

I. GENERAL PROVISIONS:

1. Objectives:

The transfer of Vietnam Health Insurance to Vietnam Social Insurance aims to:

1.1. Restructure the Government’s apparatus in the new situation under the Prime Minister’s Decision No. 136/2001/QD-TTg of September 17, 2001 approving the overall program on State administrative reform in the 2001-2010 period;

1.2. Better serve and meet the requirements of persons participating in social insurance and health insurance (including both compulsory and voluntary insurance) as well as create favorable conditions for the employers being agencies, units and organizations to pay insurance premiums according to law provisions;

1.3. Develop and raise the efficiency of the use of resources by both systems of social insurance and health insurance.

2. Principles:

The transfer of Vietnam Health Insurance to Vietnam Social Insurance shall comply with the Prime Minister’s Decision No. 20/2002/QD-TTg of January 24, 2002 and the Regulation on Health Insurance issued together with the Government’s Decree No. 58/1998/ND-CP of August 13, 1998, and must ensure the following principles:

2.1. To transfer in status quo Vietnam Health Insurance to Vietnam Social Insurance. During the transfer, not to change the functions, tasks, organization, personnel, assets or finance; to ensure policies and regimes for the managerial officials, public servants and employees according to the State’s regulations;

2.2. To fully, continuously and promptly abide by the State’s regimes and policies on medical examination and treatment, as well as health care for those who are participating in health insurance; manage and use the health insurance fund strictly according to the current regulations;

2.3. To continue performing medical examination and treatment contracts between the health insurance agencies and medical establishments for patients having participated in health insurance;

2.4. To make the final review on the implementation of health insurance regime in order to submit it to the Government for supplementing and/or amending policies and expanding the scope of participants in health insurance, proceeding to health insurance for the entire population;

2.5. To help officials, public servants and employees feel at ease and unite together in order to fulfil the assigned tasks.

II. SPECIFIC PROVISIONS:

1. Contents of the transfer of Vietnam Health Insurance to Vietnam Social Insurance:

1.1. Functions, tasks and working programs and plans of 2002;

1.2. Organizational apparatus and personnel of the whole health insurance system by January 25, 2002;

1.3. All assets, fundings, land, architectural works, liabilities (if any) and all lists of dossiers, documents, books and vouchers relating to the professional and financial activities at the time-point of March 31, 2002.

2. Mode of transfer:

In order to ensure the accuracy, convenience and the tempo of the transfer, the General Director of Vietnam Social Insurance shall reach agreement with the General Director of Vietnam Health Insurance on establishing a joint working team at each level for realizing the transfer contents prescribed at Point 1 of Section II above by the mode of direct transfer at each level and according to the following order:

2.1. At the central level:

The General Director of Vietnam Health Insurance shall transfer in status quo the national health insurance system under his/her management already assigned by the Ministry of Health (including the branch health insurance) to Vietnam Social Insurance;

2.2. At local levels:

The directors of the health insurance agencies of the provinces and centrally-run cities shall transfer in status quo the health insurance system from the provincial to rural and urban district, town and provincial city levels (if any) to the social insurance agencies of the provinces and centrally-run cities.

The directors of the provincial-level health insurance and social insurance agencies shall sum-up the transfer reports and records between the health insurance and the social insurance agencies of lower levels; make joint transfer reports and records in localities and send them to Vietnam Health Insurance and Vietnam Social Insurance for synthesizing the joint transfer in the whole country.

3. Responsibilities:

3.1. The General Director of Vietnam Social Insurance shall have:

3.1.1. To receive the transfer according to the provisions at Points 1 and 2, Section II of this Circular;

3.1.2. To provide the general direction for the General Director of Vietnam Health Insurance in the management and administration of the system of health insurance organizations according to the Health Insurance Regulation issued together with the Government’s Decree No. 58/1998/ND-CP of August 13, 1998;

3.1.3. To attend meetings held by the Health Insurance Managing Board;

3.1.4. To conduct the separate accounting for the Health Insurance and Social Insurance funds.

3.2. The General Director of Vietnam Health Insurance shall have:

3.2.1. To complete the transfer of the work contents prescribed at Point 1.2, Section II above to the General Director of Vietnam Social Insurance in the first quarter of 2002;

3.2.2. To continue managing and administering the operation of the system of Health Insurance organizations according to the current regulations;

3.2.3. During the transfer, not to establish new organizations, recruit new personnel, appoint the leading titles, build new works or purchase fixed assets;

3.2.4. Pending the Government’s new regulations, to continue using the seal and account of the Health Insurance according to the current regulations.

3.3. Vietnam Health Insurance Managing Board shall continue to perform its functions, tasks and powers prescribed in Article 28 of the Government’s Decree No. 58/1998/ND-CP of August 13, 1998 until the Government issues new regulations, and execute the Prime Minister’s Decision No. 20/2002/QD-TTg of January 24, 2002.

3.4. Vietnam Social Insurance Managing Board shall have to direct Vietnam Social Insurance to carry out the transfer in strict accordance with the provisions of the Prime Minister’s Decision No. 20/2002/QD-TTg of January 24, 2002.

3.5. The Minister of Health shall issue a decision to transfer the whole system of Health Insurance to Vietnam Social Insurance according to the contents prescribed at Point 1, Section II above.

3.6. The Minister of Health; the Minister of Labor, War Invalids and Social Affairs; the Minister of Finance; the Minister-Director of the Government’s Commission for Organization and Personnel and the presidents of the People’s Committees of the provinces and centrally-run cities shall still perform the function of State management over health insurance according to the current regulations until the Government issues new regulations.

4. Implementation organization:

4.1. The General Director of Vietnam Social Insurance and the General Director of Vietnam Health Insurance shall help the leading and managerial officials, public servants and employees firmly grasp that this transfer is for the cause of common development of Vietnam Insurance system and of great significance at present as well as in the future so that they can work with mind at ease, unite, support and help one another as colleagues and fulfil the assigned tasks.

4.2. The General Director of Vietnam Social Insurance and the General Director of Vietnam Health Insurance shall direct, detail, examine and organize the implementation within the whole system of social insurance and health insurance in order to ensure the fast, full and accurate transfer according to the contents prescribed in this Circular.

4.3. After completing the transfer of Vietnam Health Insurance to Vietnam Social Insurance, the General Director of Vietnam Social Insurance shall have to make a sum-up report on the results of transfer of the whole system of health insurance (together with the transfer records) and send it to the Government’s Commission for Organization and Personnel, the Ministry of Health, the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs.

III. IMPLEMENTATION PROVISIONS:

This Circular takes effect after its signing.

Any problems arising in the course of implementation should be reported to the Government’s Commission for Organization and Personnel, the Ministry of Health, the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs for study and settlement.

Minister-Director of the Government’s Commission for Organization and Personnel
DO QUANG TRUNG

Minister of Labor, War Invalids and Social Affairs
NGUYEN THI HANG

Minister of Finance
NGUYEN SINH HUNG

Minister of Health
DO NGUYEN PHUONG